What is the test for a specific performance order?
British Columbia, Canada
The following excerpt is from Sanghera v. Bramhall, 1996 CanLII 1148 (BC SC):
32 The purchaser is seeking specific performance of the contract of purchase and sale which he claims was breached by the vendors. The vendors first take the position that the contract no longer exists. They say the original contract terminated when the sale failed to complete July 30, 1992, and there is no contract which can be the subject of an order for specific performance. This failure, counsel argues, was because a "true condition precedent", the registration of the subdivision plan, could not take place because of the actions of a third party, the Municipality of Surrey. Counsel relies on a line of cases which follow Turney and Turney v. Zhilka (1959) 1959 CanLII 12 (SCC), 18 D.L.R. (2d) 447 (S.C.C.).
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